Sunnyvale, CA asked in Criminal Law and Identity Theft for California

Q: I parked a rented car in the IHOP Parking lot and someone broke the window and took my documents, cash and luggage.

I call 911,the police came and told me to register a reoort on line.I did it.But now I do not have money,and I lost my ticket to Brazil, a lot of things that made my trip a big problem. I took pictures from the place and tehre are a lot of security cameras there.I asked them tomgive memthe images but they say it is nor possible.The parking lot is shared between the iHOP and the Avatar Hotel, a Joie de Vivre Hotel.It is happening a lot there, which is very suspicious.The iHOP manager said that yesterday night it happened again.

I want to know if I can suit them for the damages and for the whole situation. I would like to clear that it happened at night, the car had insulated film in the windows and the luggage was in the trunk. We also had to go to San Francisco Airport to change the car.

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2 Lawyer Answers

A: more info needed....

however, without injuries, this is the type of case a lawyer would probably only handle on an hourly and I suspect you may not be in a position to do so.

you can, however, sue in small claims court for up to $10,000.......but you still have to prove negligence

A: The fact that it happened on earlier occasions doesn't necessarily establish negligence, which would be a requisite element of a case of this type. If you consult with an attorney in contemplating legal action, discuss whether the legal fees in comparison with the property loss would make pursuing the matter viable.

Tim Akpinar

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